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35 U.S.C. § 28

Title 35 Chapter 2 Current through PL 119-73 Last updated: March 29, 2026 View on OLRC →
Sections in this chapter

§ 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office

  • (a) In this section, the term “eligible entity” means an entity that—
    • (1) submits an application under subsection (d) for a patent that addresses a humanitarian issue; and
    • (2) meets the requirements specified by the Director.
  • (b) There is established a competition, to be held not less frequently than biennially, to award eligible entities certificates that can be redeemed to accelerate one of the following matters:
    • (1) An ex parte reexamination proceeding, including 1 appeal to the Patent Trial and Appeal Board from that proceeding.
    • (2) An application for a patent, including 1 appeal to the Patent Trial and Appeal Board from that application.
    • (3) An appeal to the Patent Trial and Appeal Board of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter that generated the appeal.
    • (4) A matter identified by the Director.
  • (c) The Director shall administer the competition established under subsection (b).
  • (d) An entity seeking an award under subsection (b) shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require.
  • (e) The Director shall promote the competition established under subsection (b) through the satellite offices established pursuant to section 1.
  • (f) The competition established under subsection (b) shall be treated as a successor to the Patents for Humanity Program (established in the notice entitled “Humanitarian Awards Pilot Program”, published at 77 Fed. Reg. 6544 ( February 8, 2012 )).

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